drug offences, county lines and CSI involvement Flashcards
If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug the constable may:
Search that person, and detain them for the purpose of the search
Search any vehicle or vessel in which the constable suspects that the drug may be found
Seize and detain anything found in the course of the search which appears to the constable to be evidence of an offence under the act
what section of what act does police powers come under
Section 23(2) Misuse of Dugs Act 1971
what section of what act does possession of a controlled drug come under
Section 5(2) Misuse of Drugs Act 1971
possession of a controlled drug
It is an offence for a person to have a controlled drug in his possession without authority
what 4 points need to be proven for being in possession of a controlled drug
The accused had the substance in their possession
The substance is a controlled drug
They had no authority such as a doctors prescription to possess it
They knew of the existence of the substance in their possession
what is lawful possession
Certain people may possess any controlled drug when they are acting in the course of their duty.
Certain people may possess any controlled drug when they are acting in the course of their duty. They include:
Police officers/staff
Customs and excise officers
Carriers
Forensic science laboratory personnel
Post office employees
Which have been prescribed to them
When engaged in conveying the drug to a person who may lawfully have that drug in their possession
where is possession of controlled drugs triable
in either magistrates or the crown court
possession of controlled drug - maximum sentence for Class A
seven years imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily
possession of controlled drug - maximum sentence for Class B
five years imprisonment and/or fine on indictment and three months imprisonment and/or fine summarily
possession of controlled drug - maximum sentence for Class C
two years imprisonment and/or fine on indictment and three months imprisonment and/or fine summarily
cannabis possession
ACPO guidance outlines the procedure to follow when dealing with a person (over 18) who is in possession of a small amount of cannabis consistent with personal use
Diverts less serious offences away from the criminal justice system
Based on a policy of escalation
Aggravating factors
Offenders cannot receive multiple warnings or PNDs
what 3 options do officers have with cannabis possession
Stage 1 – cannabis warning
Stage 2 – Issue a Penalty Notice for Disorder (PND)
Stage 3 – Arrest
what section of what act does supplying a controlled drug come under
• Section 4(3) Misuse of Drugs Act 1971
supplying a controlled drug - it is an offence for any person unlawfully to
Supply a controlled drug to another
Be concerned in the supply of a controlled drug to another
Offer to supply a controlled drug to another
Be concerned in the making of an offer to supply a controlled drug to another
where is supplying a controlled drug triable
either the magistrates or the crown court
supplying a controlled drug - max sentence for Class A
life imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily
supplying a controlled drug - max sentence for Class B
fourteen years imprisonment and/or fine on indictment and six months imprisonment and/or fine summarily